If we had key escrow, Scarfo wouldn't be a problem (fwd)

[Jim Choate]

---------- Forwarded message ----------
Date: Wed, 15 Aug 2001 17:33:10 -0500 (CDT)
From: Jim Choate <ravage at ssz.com>
To: "Michael Froomkin - U.Miami School of Law" <froomkin at law.miami.edu>
Cc: Dennis Glatting <dennis.glatting at software-munitions.com>,
    Declan McCullagh <declan at well.com>, cryptography at wasabisystems.com
Subject: Re: If we had key escrow, Scarfo wouldn't be a problem


On Wed, 15 Aug 2001, Michael Froomkin - U.Miami School of Law wrote:

> To be clear, I am *NOT* arguing for key escrow.  Just saying that since
> I'm against it, I accept that there may be scope for judicious,
> paper-trail oriented, key logging.  

Of course there is, the question is does one use the key logging to get
probable cause; or as the 4th requires probable cause to do the key
logging.

The current trend is to use surveillance technology to obtain 'probable
cause', this is in direct opposition to the letter and intent of the 4th.

Got a warrant, scan, search, collect all you want. Don't have a warrant
then leave people the hell alone.


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